Auto Insurance Claims: plow truck accident, state fire marshal, office of the state fire marshal

Question
I was in a plaza off the ohio turnpike when a plow truck driver lowered his side plow arm down right into my engine compartment. It was a leve 1 snow emergency and i was told that he was exempt from paying any damages. I was on my way home from picking up my friends recently kidnapped child. How do i file a claim to get the state or turnpike commission to pay my damages? i was in lucas county.

Answer
You will first have to establish who employs the snow plow.  If it is a State owned snowplow and employee, they are not exempt.  Ohio Revised Code chapter 2743 addresses this issue.  Specifically 2743.02 (A) see below:

(A)(1) The state hereby waives its immunity from liability, except as provided for the office of the state fire marshal in division (G)(1) of section 9.60 and division (B) of section 3737.221 of the Revised Code and subject to division (H) of this section, and consents to be sued, and have its liability determined, in the court of claims created in this chapter in accordance with the same rules of law applicable to suits between private parties, except that the determination of liability is subject to the limitations set forth in this chapter and, in the case of state universities or colleges, in section 3345.40 of the Revised Code, and except as provided in division (A)(2) or (3) of this section. To the extent that the state has previously consented to be sued, this chapter has no applicability.

There are strict time frames involved in holding the State accountable.  The rule for recovering damages is simple. . . if the employee would be responsible if he/she were not a State employee, then the State is responsible and will pay your claim.  I hope this helps.  If you need further direction, I am always here.